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SUBORDINATION OF UTILITY INTERESTS - PARCEL 101.3 BOB GRAHAM GOVERNUR ~~ C-L-.~' ~ Departp1ent at Transportation Ffarida City of Clearwater Mr. William Baker Public Works Director 900 Chestnut Street Clearwater, Florida 33516 THOMAS E. DRAWDY SECRETARY Post Office Box 1249 Bartow, Florida 33830 September 9 R 1t8t E I V E SEP 16 1986 Attention: Mr. Bob Perkins Section: COW1ty: W.P.I.# 15150-6550 Pinellas 1116608 Parcel: 1 CI'TY CLEFLK (R/h' 112550) Dear Sir: In reference to the above project, I am enclosing a fully execut:ed copy of the subordination, parcels 105.5, 103.5, 128.5, 101_:l.._ executed by the Department of Transportation. Please keep your copy of tlle instD~nt for your records. Than': you for your cooperation, and if we can be of any furthe:c assist.arlc:e, plea.se advise. Sincerely, //0/~r{it ,/-:: I ~'V. L. Anderib 1 :'7-- District UtiJ.ityEngineer hLli/hlS cc: Betty Smith Robert Scanlonl Legal Operations (\>J/Attachment) }.-.- ""'-'-Y"'-"--- . 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Dunsfordl,)" City: Bartowt Florida i/j,')')1 State of Florida ' Department of Transportation O.R. 8304 P~GE 155 PARCEL NO. 101.3 SECTION 15150-2550 STATE ROAD 55(US 19) COUNTY Pinellas SUBORDINATION OF UTILITY INTERESTS THIS AGREEMENT, entered into thi s ' 30th day of July , 19 86 t by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called Departmentt and City of CITY OF CLEARWATERt hereinafter ca 11 ed City. WIT N E SSE T H: WHEREASt the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the . Department; and WHEREASt the Department is willing to pay to have the City1s facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOWt THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and Department agree as follows: City subordinates any and all of its interests in the lands described as follows, to wit: (A) That part of: RIGHT OF WAY The Southeast! of the Northeast! of Section 31, Township 28 Southt Range 16 Eastt Pinellas County, Florida. Being described as follows: Commence on the Northerly boundary of Section 31, Township 28 South, Range 16 East at a point 1,275.00 feet North 89035137" East of the Northwest corner of the Northeast! of said Section 31; run thence South 43005123" East 987.35 feet to the beginning of a curve concave to the Westerly having a radius of 2,864.79 feet; thence run Southerly along said curve 1,864.53 feet thru an angle of 37017126" to the end of said curve; thence North 8905811911 West 100.54 feet for a point of beginning and the beginning of a curve concave to the Westerly having a radius of 2,764.79 feet; thence from a tangent bearing of North 6000'3811 West run Northwesterly along said curve 435.47 feet thru an angle of 900112811 to the end of said curve; thence South 61057136" West 41.07 feet to the beginning of a curve concave to the Westerly having a radius of 2,724.79 feet; thence from a tangent bearing of South 1405012611 East run Southerly along said curve 415.69 feet thru an angle of 8044128" to the end of said curve; thence South 89058'1911 East ~ 40.23 feet to the point of beginning. ~J Less existing rights of way. 1., "",I:~ LQQJl30 ~J' I_I.. n - -j' :JtQ_I-=t::. 1 e s S. 4 O"I~";G-l3 ,oJ... 46 Pas ,'"t Total /1,CGk-;. ."O~ :t:M , I'..l rn:;::' ~~ C:.J -. f E; - 'n ":'),~ .. .::~, '1 s:? :'.~ ~ .,i-... 0.0; :-;-) f-._..r ~ ;~!=~ 9x .. :,~g. ~~; C'C'"J '.".:.t::: 0-, )).. .AJ .--1 Containing 17,023 square feet, more or -C... N <:n ALSO (B) That part of: RIGHT OF WAY The Southeast * of the Northeast i of Section 31, Township 28 South, Range ' 16 East, Pinellas CountYt Florida. Being described as follows: Commence on the Northerly boundary of Section 31, Township 28 South, Range 16 East at a point 1,275.00 feet North 89035'37" East of the Northwest corner of the Northeast * of said Section 31; run thence South 43005'2311 Page 1 PARCEL 101.3 Cc.', 'FUni.4(A.,C, } /, '. f r O~/tf) cq'l7/1f., ", .. I I i I I East 987.35 feet to the beginning of a curve concave to the Westerly having a radius of 2,864.79 feet; thence run Southerly along said curve 774.82 feet thru an angle of 15029147" to the e,nd of said curve; thence South 6105713611 West 100.00 feet for a point df beginning; continue thence South 61057136" West 21.43 feet; thence North 26047153" West -42.03 feet; thence North 61032'56" East 20.54 feet to the beginning of a curve concave to the Westerly having a radius of 2,764.79 feet; thence from a tangent bearing of South 28027'041' East run Southeasterly along said curve 42.17 feet thru an angle of 0052'26" to the end of said curve and to the point of beginning. G.R. 6304 P~GE 156 Less existing rights of way. Containing 886 square, feet, more or less. to the i nterest'of the Department, its successors, or ass i gns, for the purpose of constructing, improving, maintaining and operating a road over, through, upon, and/or across such lands, including but not limited to the claim of interest based on the following: Nature of Date Encumbrance From or Against In Favor of Recorded Book Page Easement 7-24-74 U.S. Homes of Florida, Inc. City of Clearwater OR 4199 Pg. 1637 PROVIDED that the following rights are reserved to City: 1. The City shall have the right to, construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the Department's current minimum standards for such facilities as! required by the State of Florida, Department of Transportation, Utility Accommodation Guide, d~ted July, 1979. Any new construction or relocation of facilities within the lands wi 11 be subject to pri or approva 1 by the Department. Shou1 d the Department fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities located within said lands, the Department hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements.- 2. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the Department's facilities. 3. The City agrees to repair any damage to Department facilities and to indemnify the Department against any loss or damage resulting fy'om the City exercising its rights outlined in paragraphs 1 and 2 above. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. Executed in our presence as witnesses: /) C}w/lV-t ~"'iJL- (/, / ) ~(\ ~'> \ StATE- F FLORIDA COUNTY OF POlK t~STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By nt Secretary / PARCEL 101. 3 Page 2 .. ~ ,~ I I I I I I i I I The foregoing instrument was acknOW1~dged before me this 13th day of August t 19 86 I, by W. R. Trefz~!,\:<:' 'I..?, Deputy Assistant Secretary for District, One " ,,' I .I~(, ~)~, (/ 1;1 ',..\. :::. (,/ :!.L.- ~{J ,.r: 4" /e)J, ./r-,H, <: - -. '< , Notary Pub 1 i c~' _' I" , State of Florida/ , " ,I.' (~,'" ," My Commi ss i on Expi res: INotary Public,Slale 01 F1orldp~~~~ i dEARWi\TERr:y C;~~:Q~~~~iJ;~,~,,\\\8"1989 '-._--:'.. .1 ' , ','- " , . I O.R. €304 P~GE 157 I Signed, sealed and delivered in o~r presence as witQesses: /, .., // !''I ~ I "tt ICA ,7 \-./~~ \.' U,d,orJ -f , ( 2 ~- : , I) ( I ,", ' m, \ .()~! c I ~;lU r;; c ~/(;,1' i' \i; A ''-_ \.....-' v STATE OF FLORIDA COUNTY OF PINELLAS By /,/ ATTEST: ,i ty 1:1 ~r ,,' .~, ~~ ,', ~)' ; <.~. i;,:,' ".0 r... ,. ;' .,~~~ ~{j" /~'::---- ,,;$ of,; -<:': ' . ,(.(I"~:?'; " If, '~'> BEFORE me personally appeared Kathleen F. Ke,k:ly."" ,i,' I and Cynthia E. Goudeau , to me well known, ,and known to be the individuals described in and who execute~ the foregoing instrument as Mayor and City Cler]~ respectively, of the above-named City and that the seal affixed to the foregoing instrument is the City seal of said City and the said instrument is the free act and deed of said City. WITNESS my ?~ hand and official seal this 19~. c:Jo6L day of '~ .-;, t.i.......... (;:..}f."'v.~ ~J'rI~_ T/:.)y f,;;/I Approved as to & correctness:' .},tf, .:..'i ,f.. n,; .. ,,~T' i LlUL City Attorney PARCEL 101.3 Page 3